Whether you are buying or selling real estate in Bethesda, transactions can be incredibly complex and can lead to serious financial disputes. Whether you are already in a heated dispute or looking to purchase real estate, our attorneys can help.
You cannot own real estate without having legal title to it, which is why many disputes arise. If you are purchasing a property with a questionable title, we can determine who actually owns it so your ownership is not challenged in the future. We can also identify any liens on the property that could cause you to pay more. If a neighboring property denies you access to your land because it crosses theirs, we can file a claim to assert your rights over the easement. If the government attempts to take your property, we might not stop it, but we will fight for the full value of your land.
For guidance and support with your case, contact our dedicated real estate transaction and dispute attorneys at the Heyman Law Firm today by calling (410) 305-9287.
Common Examples of Real Estate Transactions and Disputes Our Lawyers Handle in Bethesda, MD
Disputes over real estate transactions are often complex, time-consuming, and costly if handled on your own. If a real estate dispute goes against you, it can impact your finances and business for years. To ensure that you have a real estate contract that protects your interests and complies with the law or with help enforcing the terms of an existing agreement, let our experienced real estate transaction and dispute lawyers handle matters on your behalf. We can negotiate with potential business partners for commercial property or fight the government if they are attempting to take your property without paying fair-market value. The following are common property transactions and disputes we can help you with in Bethesda:
Title Transactions and Disputes
Numerous disputes can arise during the course of transferring title from one party to another, especially when title for commercial property is being negotiated. The more often the title changes hands, the higher the chances something can go wrong, such as not noting existing easements or liens on the property. There could also be inheritance disputes over the title or the original holder fraudulently transferred it to multiple buyers. If the title is not “clean,” it will cloud rightful ownership, opening the door for other parties to claim the title. Our team can help by filing an action to “quiet” title, allowing us to research and determine clear ownership.
Boundary Disputes
Many real estate disputes are over the legal boundaries of the property. If land surveys were originally done incorrectly, the title will not have the accurate boundaries described in it. If the descriptions of the boundaries are unclear, it might confuse the parties.
Other boundary disputes involve “encroachments,” parts of an individual’s property that extend beyond its general boundaries. For example, perhaps you have a driveway that crosses your neighbor’s property because it is the only access to the road. If your neighbor prevents you from using it or disputing its ownership, we can file a claim to assert your legal right to use it.
Contract Disputes
The best way to avoid a real estate dispute is to have a contract that is specific and clearly lists all the parties’ duties, obligations, and contingencies. Disputes are almost unavoidable when contracts are poorly constructed or do not provide contingencies for common issues that arise in real estate transactions. For instance, you might disagree over important terms in the lease, like rent and duration. Or, you might dispute whose responsibility it is to repair the property. While courts are highly reluctant to reconstruct a contract’s terms, we can gather evidence to clarify the already agreed terms.
Appraisal Disputes
When real estate is being bought and sold, those involved want to ensure the property is accurately appraised. If an appraisal is inaccurate, you risk losing vast amounts of money since you are not getting the full value of your property. Alternatively, you might end up spending much more than you should. If the property’s value in the appraisal does not match up with previous appraisals or the value of similar, nearby properties, you should dispute it. An inaccurate appraisal can also impact your financing during the purchase, making its accuracy vital.
Landlord-Tenant Disputes
Disputes between landlords and renters are also common in Bethesda. Many of these disputes concern unpaid rent, while others concern repairs to the property. If your lease agreement calls for your landlord to repair and maintain the property, we can help enforce the terms. If you are having trouble with a current tenant, we can explain the eviction process and each party’s rights during it, as well as handle security deposit disputes.
Eminent Domain Disputes
Some of the toughest real estate disputes involve “eminent domain.” This is the power granted to local, state, and federal governments to legally take the title of private property and use it for public purposes. In exchange, the government is supposed to pay fair market value for the property.
However, many eminent domain disputes arise over what constitutes “fair market value.” This is one of the reasons property appraisals are so important. While we likely will not be able to stop the government once the eminent domain process starts, we can file a claim so you are fairly compensated for the loss.
Recovering Earnest Money After a Real Estate Dispute in Bethesda, MD
In many real estate transactions, buyers will put down “earnest money” as a good-faith payment to purchase property. This essentially shows the seller you are serious about buying, which is why sellers generally can keep the down payment if a buyer decides not to purchase. Fortunately, we can help devise contingencies in your real estate contract that allow you to recover your earnest payment in certain circumstances.
Call Our Bethesda, MD Real Estate Transaction and Disputes Attorneys Today for Advice
Get help today from our real estate transaction and dispute attorneys by calling the Heyman Law Firm at (410) 305-9287.
